The Divorce Process

March 28, 2016
By
Law Offices of Korol & Velen

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When Kate and Sal said “I do,” they never thought they’d
eventually be saying “I do” to the divorce process.

The Road to Divorce

Most couples don’t expect their “happily ever afters”
to end with divorce filings and heated arguments over whether or not the
kids will be with one parent or the other during the holidays. No matter
how it ends – either after long sessions of couples therapy, or
without even so much as a prior mention of the “D” word –
it hurts. Some couples don’t ever speak after the divorce. For example,
at the time of her divorce from ex Russel Brand, Katy Perry said in an
interview: “He hasn’t spoken to me since he texted me saying
he was filing for divorce.” While a couple may decide not to speak,
it’s not uncommon for them to fight up until the day the divorce
is filed, and more so even after that.

Cathy Meyer might have had inclinations that her 17-year-old marriage needed
some work, but she never could have guessed that her husband would just
walk out the door, leaving her with their two kids.

“On January 1st, our anniversary, he was madly in love and told me
he couldn’t live without me,” she said. “On January
10th, we were getting ready to go to church, and we had a little tiff
and he said ‘I’m going to go get a Coke’ and he picked
up his car keys and quite literally never came home again.”

Kate and Sal

When it came to Kate and Sal’s four-year-old marriage, it came down
to a simple matter of “just growing apart.” After struggling
through couples therapy for eight months they decided that neither one
of them wanted to continue the marriage. And that’s not uncommon.
There are numerous reasons people seek divorce. Here are a few of them:

Getting in for the wrong reasons: money, pressure, because marriage is
a “band-aid” for a soured relationship.

Lack of individual identity.

Getting lost in the “mom” and “dad” roles. It’s
not uncommon for old couples, whose kids have flown the nest, to realize
that they no longer have any shared interests. This is the main reason
why the grey divorce rate has grown over the years.

The intimacy disappears.

Infidelity.

Unmet expectations.

Financial issues.

Inability to see eye-to-eye.

Whatever your reason for considering divorce, there are steps you will
need to take to obtain your divorce.

Your Divorce

The necessary steps for obtaining your divorce will be dependent on the
particulars of your relationship. The dissolution of a marriage in which
the parties have been married for a short period of time, have no children,
and little property or debts will most likely be less involved than a
divorce where the couple has been married for a long period of time, shares
minor children, or where there is significant property or debt to be divided.
The question of if both parties are seeking the divorce will also determine
the ease at which they are granted that divorce. A partner not wanting
the divorce might respond in a way that allows them to prolong the process.
If a couple can both agree to the divorce the process can be much smoother
and quicker. This also applies to the agreement process because if a couple
is bogged down with fighting and disagreements over everything, the process
will be much slower.

Petition for Divorce

To start the divorce process one of the spouses must file a petition. Even
if both spouses are in agreement, one of them will have to file a petition
with the court asking for the divorce. This petition states the grounds
for the divorce. These vary from state to state. California is a no-fault
state, meaning no fault is placed on either party regardless of infidelity,
etc… All jurisdictions allow for some type of no-fault grounds
such as “irreconcilable differences.” Some states will consider
fault grounds for divorce, such as adultery or abandonment. Your family
law attorney will be able to advise you on if fault grounds are available
in your state, and if so, whether or not it makes sense to file for divorce
on fault grounds.

Temporary Orders for Support and Custody

If one spouse is seeking financial support or custody of children, that
spouse will need to ask the court for temporary orders for support and
custody. A temporary order is usually granted within a few days of the
initial petition. It remains in effect until the full divorce court hearing.
If the party seeking the temporary order is the same party who is filing
the petition, it’s advised that they file both the divorce petition
and the temporary order at the same time. If you are not the party that
filed the divorce petition but will be looking for temporary support or
child support, it’s advised that you file your request for the temporary
order as soon as possible.

Proof of Service and Response

When a party files for divorce they also need to file for a proof of service
of process. This document proves that a copy of the divorce petition was
given to the other party. This can be done through a process server, or
by a lawyer. There are numerous ways to do this and you’ll want
to consult a lawyer for advice on how to do this. If the parties mutually
agree on the divorce, it is best for the party who files the complaint
to arrange for service of process to the other party’s attorney.

Once the party receives the service of process they will need to file a
response to the petition. In states where fault grounds can be filed and
the responding party wants to dispute those grounds, he or she needs to
address it in the response. They are able to dispute the facts alleged
in the grounds for divorce. Additionally, if the party disagrees with
property division, support, custody, or any other issue, this should be
set out in the response.

Negotiation

When two divorcing spouses disagree on issues they must come to an agreement
that settles their differences. Often times this is done through mediation.
During this process every aspect of a marriage is resolved: child custody
and visitation, child support, property division and any spousal support.
Working with a mediation lawyer can help you receive the settlement you
are seeking when it comes to dissolving your marriage. It’s within
your best interest to try and resolve all these issues outside of court.
This will cut down on legal fees, time spent arguing, and any headaches
that can come with trying to go back and forth to find an agreeable settlement.
Any issues left undecided during the mediation process will have to be
decided at a trial.

Order of Dissolution

Once everything is decided upon an order of dissolution is set forth. This
document spells out how the property and debts are to be divided, what
child custody and visitation schedule is, what support payments (spousal
and child) need to be paid, and any other issues. If the parties are able
to negotiate their own resolution to all of the issues, their lawyers
will draft the order of dissolution and submit it to the court. If the
Order of Dissolution complies with legal requirements and both parties
entered into it knowingly and willingly and can attest to it, then the
judge approves it. This means the divorce is finalized. If these issues
cannot be resolved then a couple will have to go through divorce court
and have a judge decide on the aspects of the marriage dissolution. Once
that is decided an Order of Dissolution is the end result of the trial.

Working with a Divorce Attorney

If you are facing a divorce, you should work with a divorce attorney that
will take a vested interest in your specific situation and advise you
on what you might face in a divorce regarding property division, child
support and custody, and alimony. They will be able to advise you on your
options. A divorce attorney will provide support and guidance as you work
towards ending your marriage.

For advice on divorce, you need the expert law firm of Law Offices of Korol
and Velen, Certified Family Law Specialists.

The information on this website is for general information purposes only.
Nothing on this site should be taken as legal advice for any individual
case or situation. This information is not intended to create, and receipt
or viewing does not constitute, an attorney-client relationship.